Setting aside salford a ccj - defence sent to wrong court

[keek]

Hi

No she won’t give permission for me to film inside her home but would I need her permission if the expert agrees to film outside as that’s where the cameras are? 

 

She must instruct the expert by the 25th February. 

The final hearing is 1st May. 

[FTMDave]

Look into filming or recording and its legality.  I'm not convinced you need to ask for someone's permission (may be wrong though).

 

Long story short, people who are stopped for customs checks coming into the UK are perfectly within their rights to record what is happening, and there is nothing that customs officers can do to stop them.  Now, I know that's different from your situation, but I would do some research into what you can do legally.

 

 

 

[dx100uk]

you do not need to ask permission..you can film anything the eye can see from public property or within any building paid for by the uk tax payer. 

 

where there are areas of an owned building that have general public access , permission maybe necessary.

[BazzaS]

7 hours ago, dx100uk said:

you do not need to ask permission..you can film anything the eye can see from public property or within any building paid for by the uk tax payer. 
 

 

any building paid for by the uk tax payer ?!

Courts ... nope

Prisons .... nope

Military bases ... nope.

Even if “any building paid for by the uk tax payer“ was correct (and it isn’t!), the claimant’s home isn’t a building paid for by the uk tax payer ....

 

you can film the outside of the house from the street.

you shouldn’t do so repeatedly or for an excessive length of time where she might claim it was an action causing her fear, alarm, or distress.

Edited January 22, 2020 by BazzaS

[keek]

Hi , 

Uploaded the General Form of Judgement or Order I received today. 2020-01-30_163458.pdf

[SuperVillain]

Has the expert given a date for the site visit?  
 

Maybe someone else can help but I’m not sure what the protocol is for a site visit like this where the parties are in attendance e.g. can you speak with the expert, ask him questions, point him towards things etc. 

[dx100uk]

read para (g).

 

dx

 

[keek]

Thanks for the reply, 

Just wondered,

Does anyone know how I will find out when the expert is visiting the claimants property to do the report.

I can’t see it in the directions or am I missing it? 

Will the expert contact me or is it upto the claimant to inform me when the report will take place. 

 

The advice is much appreciated. Thank you. 

 

[AndyOrch]

Contact the expert Keek

[keek]

Morning , 

Update .... after the last court date in January a couple of days later I received a phone call from Bradford police , the claimant had made an accusation of me harassing her.

I did go once and take more photos as I think she will move the cameras back before the expert did the report.

 At no time did I see her or talk to her and I took the photos from the road. I didn’t go near her property,  Not sure how she knew I was there ,all the curtains were closed unless she looked on the cctv that she claims doesn’t work! 

 

The police didn’t follow this up , I didn’t have to attend the police station and there was no caution or anything . The phone call lasted 30 seconds if that and the police didn’t take her seriously. 

 

This is morning received a letter from the claimant , it reads....

 

Just to inform you that I am awaiting to hear from the court. 

As you are aware , I have had to get in touch with the police also the court regarding certain matters. I am unable to discuss anything further at this stage. 

I did fufill my part in sending all paperwork to the expert once I received it from the judge. 

 

The expert was due to do the report by 25th February. 

 

Just wondering if anyone knows what I should do now , I’ve not harassed her or been on her property and I don’t want this to go against me in court.

 

Thanks for reading and all the help. 

 

[AndyOrch]

Nothing.....let her keep digging her hole.

[keek]

Thanks for the quick reply ,

she’s trying her best to get out of having this expert report done . The judge has told her he can’t make a judgment without it so it’s in her interest to get it done , she’s off her head accusing me of harassing her.

The police officer who rang was even apologetic. 

Thanks again for putting my mind at rest. 

[FTMDave]

Agree with Andy, if you're organised it will be HER in deep trouble for making false accusations. 

 

I'd keep a little "diary" of the few times you have been outside her home with dates & times.  If she's daft enough to bring it up in court show the "diary" to the judge and point out you had a valid reason for taking the photographs.  Oh, and that you weren't charged, cautioned or even asked to go to the police station, plus you are unaware if she has been charged with wasting police time or not.

[SuperVillain]

31 minutes ago, keek said:

Thanks for the quick reply ,

she’s trying her best to get out of having this expert report done . The judge has told her he can’t make a judgment without it so it’s in her interest to get it done , she’s off her head accusing me of harassing her.

The police officer who rang was even apologetic. 

Thanks again for putting my mind at rest. 

Appreciate it’s easy for us to say, but just don’t let her get to you. As has been pointed out she’s digging a hole for herself and at the final hearing the Judge will only tolerate her behaviour so far. 
 

So just keep doing what you need to do, as you have been doing so far. 

[keek]

Morning , 

Just to update , called to expert this morning to find out if an expert has been out to do the report but They haven’t . 

 

I phoned the court to see if they could update me and they said a new order has been made which i will receive shortly. The person at court did briefly outline what it said .

The expert and the judge will attend the claimants property and the hearing will be held at the claimants property on the 20th May . 

Is this usual practice? 

Many thanks 

[AndyOrch]

Not really in civil claims......but possibly in complicated claims......if they are having a hearing there I would want to be in attendance also.

[keek]

Thanks 

I don’t understand why it has been changed again. Twice she hasn’t followed the directions and now the hearing is in the comfort of her own home. 

Just doesn’t feel fair when I’ve done everything asked of me  

[AndyOrch]

Possibly relayed incorrectly to you...not a hearing a meeting...wait for the official Order...a court cant hold hearings in residential homes.

[keek]

Thank you 

  I thought when she said, never had to deal with the courts before so I wasn’t sure. I will wait to see what the new order say like you said, thanks again. 

[keek]

Hi, 

I have uploaded the general form of judgment or order I received this morning. It came in 2 parts but I’ve scanned the together. 

Thank you for reading. 

2020-02-29_mags.pdf

[SuperVillain]

2 minutes ago, keek said:

Hi, 

I have uploaded the general form of judgment or order I received this morning. It came in 2 parts but I’ve scanned the together. 

Thank you for reading. 

2020-02-29_mags.pdf 1.47 MB · 2 downloads

Wow, I’ve never seen that before. 
 

So the hearing is at her house, now all you can do is prepare for it. 
 

I think now is the time to consider starting to draft your witness statement (I think this will need to be filed and served 2 weeks before the hearing date, unless any of the Court Orders say otherwise).  

[BazzaS]

I take that as a positive : judge cutting through the lack of co-operation.

 

judge attends claimant’s home with defendant and expert, you and claimant get to pose questions then & there to expert, expert gives opinion: judgement reached.

 

Serve your witness statement, with any supporting evidence showing what the claimant has done to the installation. Your main question to the expert will be “as far as you can tell, given any changes since : was the original installation commensurate to the original request (and sum paid)?”

Edited February 29, 2020 by BazzaS

[keek]

Thanks, I just don’t understand it. How can it be a fair hearing at her house? 

Doesn’t seem very fair to me especially when I’ve done what’s been asked with the help for you guys. Which I really appreciate , I didn’t have a clue what to do before coming here. 

Can’t thank you all enough. 

 

No mention of a witness statement in the order. I think all that was sent in before the last hearing when the judge said he couldn’t rule unless the cctv had been inspected. But I will check. 

 

[BazzaS]

How can it be fair if the expert can’t get to see the installation.

 

I read it as “judge fed up with her antics - & is finding a way to get this done and dusted”

Edited February 29, 2020 by BazzaS

[keek]

BazzaS thanks , didn’t look at it that way. 

I served a witness statement before the last hearing but it doesn’t include the photos of the camera she has interfered with as she did this after the hearing when the judge asked for an expert report. 

Shes sneaky. That’s why she had an issue of me hand delivering letters and phoned the police saying I was harassing her. 

Should I send an updated one including the things that have happened since?